TMI Blog2006 (10) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... nd challenging these summoning orders, present petition is filed by the petitioners. The complaint is founded on the dishonour of cheque bearing No. 154832 drawn on Dena Bank, Bhowanipore, Calcutta. 2. In this petition filed by the petitioners, summoning order is challenged. It is stated that there was an Agency Agreement entered into between M/s. Bumpi Udyog and M/s. Exports India whereby M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis of these facts the contention of the learned Counsel for the petitioners is that the complaint filed by the complainant is not maintainable inasmuch as: (i) cheque was given to M/s. Bumpi Udyog whereas the complaint is filed by M/s. Surbhi Wears Pvt. Ltd.; and (ii) the cheque, when it was given, obviously there was no dues payable by the petitioner No. 1 even to M/s. Bumpi Udyog and sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the agreement in question that the same was entered into on 11.2.1999 between M/s. Bumpi Udyog and the petitioner No. 1 and this agreement specifically records giving of black cheques bearing Nos. 154832 and 154833 to M/s. Bumpi Uhyog. It is clear that the blank cheque was given as a security of the agency agreement and it is nowhere staled that there is any violation of the terms and conditi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re filing the complaint had given the legal notice dated 22.5.2000 and reply to the said notice was given pointing out the aforesaid facts but in the complaint, the complainant has not at all mentioned about the said reply nor filed the same as a document along with the complaint and has, therefore, suppressed these facts as well. 7. In Balaji Sea Foods Exports (India) Ltd. v. Mac Industries Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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